Insights, Resources and Developments

Preemption States

A state law that prohibits local government entities from legislating on a particular topic(s) is called a preemption law. The state “preempts” a local entity’s ability to legislate on that topic because the state believes the topic should be dealt with state-wide rather than locally.

Some states have passed preemption laws prohibiting local governments from enacting an ordinance requiring employers within its borders to provide sick leave. As you would expect, this aspect of paid sick leave is dynamic as well. In some states, there are court challenges to the state’s ability to enact such a law. In others, bills have been introduced to overturn the preemption law.

Here is a list of states with preemption laws concerning leave benefits. If you click on the state, it will take you to the legislative source document. When dealing with PSL issues, including preemption, make sure to check the jurisdiction for the latest and most complete resource material and developments.

*Arizona voters effectively overruled this law with regard to paid sick leave when it enacted PSL through a voter referendum in November 2016. Michigan legislators carved out a PSL exception when it enacted a PSL law in 2018.

**The preemption provision in these states is in the paid sick leave law or, in Maine’s case, the earned paid leave law.